CHICAGO (AP) — A Chicago man accused of binding his 22-month-old daughter with tape and posting a picture on Facebook with a caption that read, "This is wut happens wen my baby hits me back," was convicted Thursday of battery charges.
Andre Curry, 22, was found guilty by a judge following a bench trial of aggravated domestic battery and aggravated battery. He faces a sentence ranging from probation to 7 years in prison.
The girl's mother and Curry's lawyer said the father was merely having fun with the child. But the judge disagreed and criticized Curry for obstructing his child's breathing for his own enjoyment.
"To use a child … as a toy or a prop in an odd attempt at humor is conduct of an insulting or provoking nature," Cook County Circuit Judge Lawrence Flood said.
The posting on Facebook showed the girl's wrists, ankles and mouth bound with tape.
Curry, who did not testify in his own defense, has said he and his daughter were playing on Dec. 13 and that he took the photo without thinking. His attorney, Sam Adam Jr., argued that the child was never in danger.
Curry's sister, Annastasia Curry, testified that she was cooking dinner and could hear Curry and her niece laughing in the living room. She said that when she went out to check on them, she saw the child covered with tape.
Curry, who has been described as a good father by the child's mother, refused comment as he left court following the verdict. But his attorney said, "he's devastated."
Adam said his client may have made a "stupid mistake" but shouldn't have been charged under a law that is intended for people who beat their wives and children. The attorney noted that all the prosecution's witnesses, including a detective, described the girl as smiling and playing just hours after she was taped for less than a minute.
Adam vowed to appeal.
"We have to look at the equity of the situation," Adam said. "How is he now supposed to provide for the child? He's gonna be a convicted felon. You know what it's like in this country to be a black man with a felony on your background? Who's gonna hire him?"
Flood acquitted Curry of unlawful restraint after a bench trial last month, but said he wanted to study the law further before making a decision on the more serious battery charges.
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This Week’s Celebrity Instagrams (10/15-10/21)
31 photos Launch gallery
1. Just a NY girl with BIG dreams....
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2. HAPPY CHILDREN=QUALITY PARENTING. We don't always see eye to eye on everything and that's normal. We're human beings. But we come together and do it right for what's important, the kids. We are not enemies, we are parents. And we are parents 1st. S/O to @monyettashaw for making Mason's bday memorable. S/O to @itscrystalsmith at home taking care of our other lil' Prince. ❤️❤️❤️ THIS IS WHAT CO-PARENTING LOOKS LIKE. #Blessed #Happy #AboveTheDrama #BiggerThanUs
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3. So happy to finally be able to share with you all that I’m the new Global Brand Ambassador for @Revlon! Follow my day on RevlonSnaps. Yay! Choose Love, Everybody! #RevlonXCiara #chooselove #ad
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4. Glam on point!!!@makeupbymotoko & @shaylinjoneshair #easybreezy @lifetimetv #beachesmovie #january2017 😘
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5. ✨True love ✨📸: @jessiemarrerophotography
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7. Today was not easy..but by the grace of God we all got through it. Words cannot express our gratitude for all of your Prayers, Positive thoughts and Support for us throughout the years. Tommy will be missed but most certainly never forgotten...And PLEASE don't ask "Where's Martin?.." he was there too...just not in this picture. Lol! God bless you all.. #LoveConquersAll #MartinShow
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9. West coast get ready for #RockyHorror. I will be live tweeting again. #letsdothetimewarpagain
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10. #THEKEYS pre order yours now ... Available everywhere #NOV22 #WeTheBest 🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑
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11. We about to ROCK at #KCABlackBall!! All for our life-changing effort to end 🌎 AIDS.
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12. Today's #SNAPJACK is brought to you by @yazzthegreatest 😂😂😂💋💋💋
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13. Damn girl you kinda old to be headed to the Go Go. You coming in at the age they leaving. LMAO
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14. Daddy daycare B-Boxin with @acewellstucker @shopraisingace
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15. #FBF Naviyd & URV "LIL MONSTERS"
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16. HAPPY BIRTHDAY TO ONE OF THE BIGGEST LEGENDS IN OUR HIPHOP HISTORY! @snoopdogg CONTINUED BLESSING AND LOVE FAMILY!!!!! REAL OG!
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17. Thank you for a beautiful night VSU! Let's do it again! #HOMECOMING
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18. Had a great time this morning with my familia Erica, Griff & Truth!!
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19. Check out my interview on @essence facebook live. #inmyownwords #nycpromo #day2
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20. #She💋 #tbt #TheCoveAtTheAtlantis #DawgPawsAndAll
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21. Bae #retailtherapy
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22. Why me and @coryhardrict got the same pose... and notee... new mouth #naked
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23. When my husband is my personal 'hype-man'! it kills me every time! 💜😂 #WHATNOW #lostfiles📷
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24. Diggy Simmons
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25. Hand full of @jacquieaiche 💙💎💍 @esnail_la 💅🏾
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26. SuperSoulers! You can watch my interview with Carl Lentz live from my Facebook page, tomorrow at 11a ET| 8a PT. #SuperSoulSunday
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27. 💋 .. When the friendship is easy like Sunday morning. ☀️
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28. Sunday mornings are the best........... hugs and cuddles with my angel
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29. #huggar16 #hellohuggars
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30. My gym is everywhere!.. #RnBMoney #TheGeneral 📸: @twelvepastseven
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31. Nothing I would rather be doing... Rocko setting up our movie, Romelō working on a puzzle & Laiyah singing and sharing all she's learning at school... I'm so grateful for the joy they've brought into my life ... Praying for peace , joy & love in the home of EVERY family ♥️ #HeadScarfPJSunday LOL 😂
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